Monetary Lımıtations And Related Legislation For 2018 - AŞIKOĞLU LAW OFFİCE
Aşıkoğlu started his position as the Alanya Public Prosecutor in 2009 and continued until 2013 when he quit his position to initiate his career as an attorney at law.
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Monetary Lımıtations And Related Legislation For 2018

01 Nov Monetary Lımıtations And Related Legislation For 2018

Posted at 01:43h in General by
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Business, Civil Law, First Aid, Cadastral, Magistrates’ Law, Consumer Courts – Starting from 01.01.2018

Limit of Appeal 3.560 TL
Appeal Limit

However, against the decisions made in the case of non-pecuniary damages, regardless of the amount or value of appeal can be applied.
(01.01.2017-31.12.2018 Istinaf limit 3.110 TL, appeals limit 41.530 TL; between the dates of 02.12.2016-31.12.2017 appeal limit is 3.000 TL, the appeal limit was 40.000 TL.)

However, against the decisions made in the case of non-pecuniary damages, regardless of the amount or value of appeal can be applied.

Enforcement Law Court – from 01.01.2018

Appropriation limit is 8,310 TL
Appeal limit 40.000 TL

(01.01.2017 – 31.12.2018 Istinaf border 7.260 TL, the appeal limit 40.000 TL; between the dates of 02.12.2016-31.12.2017 the appeal limit is 7.000 TL, the appeal limit was 40.000 TL.)

The amendments to the texts of the amendments and the current legislation are as follows:

LAW OF LAW NO. 6100
Decisions that can be appealed
Item No: 341
(1) The final decisions made by the courts of first instance and the disclaimer, the refusal of the precautionary claims and the acceptance of these requests may be appealed against the decisions on the objection.
(2) Decisions on the assets of which the amount or value does not exceed three thousand Turkish Liras are final. (Additional sentence: 24/11 / 2016-6763 / 41 art.) However, against the decisions made in the case of non-pecuniary damages, appeal may be made regardless of the amount or value. (one)
(3) In case a part of the claim is sued, the limit of three thousand Turkish Lira is determined according to the total amount of the receivable. (one)
(4) In case the claim has been filed, the party which does not exceed the three thousand Turkish Liras of the original claim may not apply to the appeal. (one)
(5) The first instance courts may be appealed to other laws or may be appealed to the Court of Appeals.

Appeals that cannot be appealed
Item No: 362
(1) No appeal may be lodged on the following decisions of the regional courts of appeal:
a) Decisions on cases where the amount or value does not exceed forty thousand Turkish Liras (including this amount). (one)
b) Decisions related to the cases referred to in Article 4 (except for the cases related to the same as the immovable property arising from the Law on Floor Ownership dated 23/6/1965 and no.
c) Decisions on resolving authority and duty disputes between the first instance courts within the jurisdiction.
ç) Decisions made in contentious jurisdictions.
d) Decisions related to the cases related to the correction of the population records, except for cases that give rise to the results of the genealogy.
(e) Decisions on the transfer of the case to another court within the jurisdiction where the judges of the first instance courts in the judiciary environment appear to have legal or actual obstacles to see the case.
f) Decisions on temporary legal protection.
(2) In the case of a part of the claim in the paragraphs (a) of the first paragraph, if the claim is filed, the limit of certainty of forty thousand Turkish Liras shall be determined according to the total receivable. In the case that the entire claim has been filed, the party which does not exceed the forty thousand Turkish Liras of the original claim is not entitled to appeal. However, if the other party makes an appeal, the other party may appeal the decision. (one)

PROVISIONAL ARTICLE 3 – (Annex: 31/3 / 2011-6217 / 30 art.)
(1) According to the provisional article 2 of the Law on the Establishment, Duties and Powers of the Judicial Courts of First Instance No. 5235 and the Law on the Establishment, Duties and Powers of the Judicial Courts of the Regional Courts, dated 26/9/2004, no. 1086 The applicable provisions of the law on appeal shall continue to be enforced.
(2) The implementation of the provisions of Articles 427 to 454 of 26/9/2004 and the Law no. 5236 of the Law no. 1086 on the decisions made before the date of commencement of the judicial courts are finalized.
(3) In cases where the regional courts of justice are assigned in this Law, the provisions of Law no.

Increasing monetary limits
Article No: ANNEX ARTICLE 1
(Annex: 24/11 / 2016-6763 / 44 art.) (1) Monetary limits in Articles 200, 201, 341, 362 and 369 apply to the monetary limits applied in the previous year, effective from the beginning of each calendar year; For that year, it shall be applied by increasing by the revaluation rate determined and announced by the Ministry of Finance every year in accordance with the provisions of Article 298 of the Tax Procedures Law no. The limits of such limits not exceeding ten Turkish lira shall not be taken into consideration.
(2) The application of the monetary limits in the application of monetary limits in Articles 200 and 201 shall be the basis for the application of the monetary limits in articles 341, 362 and 369 of the provision.

2004 EXECUTION AND EMPLOYEE LAW

Appealing and examination of appeal
Item No: 363
(Amendment: 2/3 / 2005-5311 / 24 art.) The manner in which the article 85 of the execution court applies, the fee of the power of attorney calculated by the enforcement office, the manner in which Article 103 is applied and the content of the invitation issued in this article, the salary of the trustee, the replacement of the trustee, type of goods, appreciation of appraisal, deposit of the collateral in order to participate in the tender and the amount of collateral, the sale of the sale, the cancellation of the sale announcement, the reduction of the sale due to the lack of sales during the period of time, the application of the article 263, the establishment of bankruptcy, the execution of the bankruptcy of the execution court

REVALUATION RATE

Official Gazette No: 30237
Official Gazette Date: 11/11/2017

As is known, 213 on Tax Procedure Law of repetitive Article 298 (B) of paragraph in the “revaluation rate revaluation in October of the year will be held (including October) compared to the same period of the previous year, Turkey Statistical Institute of Domestic Producer Price Index in average price occurred increase rate. This rate shall be announced by the Ministry of Finance in the Official Gazette.

According to this provision, the revaluation rate was determined as 14.47% (four comma forty forty) for 2017.

This rate will also apply for the last provisional tax period for 2017.

On the other hand, previously published communiqués on this issue are in force.

Notified.

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